Lee Hsien Loong v Leong Sze Hian
[2021] SGHC 66
claimant in such a context would never have a right to vindicate his reputation
were that to be the case. Of course, it would be otherwise if the allegedly
defamatory statement were, in and of itself, to be taken as humour, for instance,
but the point I underscore is that reference must be had to the statement itself,
rather than the countervailing or refuting statements made by other sources.
64
I note also that an ironic or perverse situation, akin to that referred to in
Goh Chok Tong v Jeyaretnam Joshua Benjamin [1997] 3 SLR(R) 46, would
arise on the instant facts if the aggrieved party were held to in fact improve the
position of the defaming party simply because the aggrieved party tried to refute
defamatory allegations. It cannot be the case in the context of defamation that
simply speaking up for oneself to try and clear one’s own name improves the
position of the defamer, nor was any authority to that effect cited to me.
Has there been an Abuse of Process and if so, what is its Effect
65
The defendant alleges that the instant proceedings are an abuse of
process on two bases:
(a)
First, the defendant points to the rule in Jameel (Yousef) v Dow
Jones & Co Inc [2005] QB 946 (“Jameel”) that the plaintiff’s claim is
an abuse of process because it does not disclose a real and substantial
tort;
(b)
Second, the defendant argues that the plaintiff has brought the
present action in an attempt to circumvent the rule in Derbyshire v Times
Newspapers Limited [1993] AC 534 (“Derbyshire”) that a government
cannot bring an action in libel.
I am unable to accept that either of these bases is made out.
33
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